Actavis Ireland Ltd. a pharma firm incorporated in Ireland : (i) has a share transfer office in Kanpur (ii) Directors of the company frequently stayed in a hotel in Noida and Mumbai for looking after matters of business,

As per Section 2(42) of the Companies Act, 2013, 'Foreign Company' means any company or body incorporated outside India which – has a place of business in India whether by itself or through an agent physically or through electronic mode; and conducts any business activity in India in any other manner. As per Section 386(c) of the Companies Act, 2013, for the purpose of Chapter XXII, which provides the provision for foreign companies, states that the expression 'place of business' includes a share transfer or registration office. The similar was held in the case of Tovarishestvo Manufacture Liudivg Rabenek, Re (1944) . In the case, the court was of the opinion that where representative of a Company incorporated outside the country, frequently stayed in a hotel in England for looking after the matter of the business, then it would be assumed that the company had a place of business in England. In certain other cases also, it was held that mere holding of property cannot tantamount to having a place of business in India. Accordingly, applying the above proposition in the given case, it would be advisable to the Actavis Ireland Ltd., a Pharma Firm, incorporated in Ireland, that it has – A share transfer office in Kanpur which constitutes a place of business in India and Its Directors frequently stayed in a hotel in Noida and Mumbai for looking after matter of business. Though the Company does not have any physical office or property in India, it would be treated as having a place of business in India.